67910 Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Rules and Regulations 

may contain personally identifiable 

information collected by other federal, state, 

local, tribal, foreign, or international 

government agencies. The Secretary of 

Homeland Security has exempted this system 

from the following provisions of the Privacy 

Act, subject to limitations set forth in 5 

U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1), (e)(2), 

(e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); (f); 

and (g) pursuant to 5 U.S.C. 552a(j)(2). 

Additionally, the Secretary of Homeland 

Security has exempted this system from the 

following provisions of the Privacy Act, 

subject to limitations set forth in 5 U.S.C. 

552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and 

(f) pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and 

(k)(5). Exemptions from these particular 

subsections are justified, on a case-by-case 

basis to be determined at the time a request 

is made, for the following reasons: 

(a) From subsection (c)(3) and (c)(4) 

(Accounting for Disclosures) because release 

of the accounting of disclosures could alert 

the subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation, to the existence of the 

investigation; and reveal investigative 

interest on the part of DHS as well as the 

recipient agency. Disclosure of the 

accounting would therefore present a serious 

impediment to law enforcement efforts and/ 

or efforts to preserve national security. 

Disclosure of the accounting would also 

permit the individual who is the subject of 

a record to impede the investigation, tamper 

with witnesses or evidence, and avoid 

detection or apprehension, which would 

undermine the entire investigative process. 

(b) From subsection (d) (Access to Records) 

because access to the records contained in 

this system of records could inform the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation, to the existence of the 

investigation, and reveal investigative 

interest on the part of DHS or another agency. 

Access to the records could permit the 

individual who is the subject of a record to 

impede the investigation, tamper with 

witnesses or evidence, and avoid detection or 

apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement activities and would 

impose an impossible administrative burden 

by requiring investigations to be 

continuously reinvestigated. In addition, 

permitting access and amendment to such 

information could disclose security-sensitive 

information that could be detrimental to 

homeland security. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear or the 

information may not be strictly relevant or 

necessary to a specific investigation. In the 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsection (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected from 

the subject of an investigation would alert the 

subject as to the nature or existence of an 

investigation, thereby interfering with the 

related investigation and law enforcement 

activities. 

(e) From subsection (e)(3) (Notice to 

Subjects) because providing such detailed 

information would impede law enforcement 

in that it could compromise investigations 

by: revealing the existence of an otherwise 

confidential investigation and thereby 

providing an opportunity for the subject of an 

investigation to conceal evidence, alter 

patterns of behavior, or take other actions 

that could thwart investigative efforts; 

revealing the identity of witnesses in 

investigations thereby providing an 

opportunity for the subjects of the 

investigations or others to harass, intimidate, 

or otherwise interfere with the collection of 

evidence or other information from such 

witnesses; or revealing the identity of 

confidential informants, which would 

negatively affect the informants’ usefulness 

in any ongoing or future investigations and 

discourage members of the public from 

cooperating as confidential informants in any 

future investigations. 

(f) From subsections (e)(4)(G) and (e)(4)(H) 

(Agency Requirements) and (f) (Agency 

Rules), because portions of this system are 

exempt from the individual access provisions 

of subsection (d) for the reasons noted above, 

and therefore DHS is not required to establish 

rules or procedures with respect to such 

access. Providing notice to individuals with 

respect to existence of records pertaining to 

them in this system of records or otherwise 

setting up procedures pursuant to which 

individuals may access and view records 

pertaining to themselves in the system would 

undermine investigative efforts and reveal 

the identities of witnesses, potential 

witnesses, and confidential informants. 

(g) From subsection (e)(5) (Collection of 

Information) because in the collection of 

information for law enforcement purposes it 

is impossible to determine in advance what 

information is accurate, relevant, timely, and 

complete. Compliance with (e)(5) would 

preclude DHS agents from using their 

investigative training and exercise of good 

judgment to both conduct and report on 

investigations. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’ ability to obtain, serve, 

and issue subpoenas, warrants and other law 

enforcement mechanisms that may be filed 

under seal, and could result in disclosure of 

investigative techniques, procedures, and 

evidence. 

(i) From subsection (g) (Civil Remedies) to 

the extent that the system is exempt from 

other specific subsections of the Privacy Act 

relating to individuals’ rights to access and 

amend their records contained in the system. 

Therefore, DHS is not required to establish 

rules or procedures pursuant to which 

individuals may seek a civil remedy for the 

agency’s refusals to amend a record; refusal 

to comply with a request for access to 

records; failure to maintain accurate, 

relevant, timely, and complete records; or 

failure to otherwise comply with an 

individual’s right to access or amend records. 

* * * * * 

Dated: October 6, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–27830 Filed 11–3–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0817; Airspace 

Docket No. 10–ASO–31] 

Amendment of Class E Airspace; 

Charleston, SC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Charleston, SC, by removing 

the East Cooper Airport from the 

airspace description. The East Cooper 

Airport has been renamed Mt. Pleasant 

Regional Airport-Faison Field, Mt. 

Pleasant, SC, and established under 

separate rulemaking. This amendment is 

necessary for the safe navigation of our 

National Airspace System. 

DATES: Effective 0901 UTC, December 6, 

2010. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

The airspace description for 

Charleston, SC, is a combination of the 

Charleston AFB/International Airport, 

the Charleston Executive Airport, and 

the East Cooper Airport. The East 

Cooper Airport has been renamed Mt. 

Pleasant Regional Airport-Faison Field, 

Mt. Pleasant, SC, and separate 

rulemaking has been established for the 

airport (75 FR 16335). To eliminate 

confusion, all references to the East 

Cooper Airport is being removed from 

the legal description of Class E airspace, 

Charleston, SC. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

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Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Rules and Regulations 67911 

amends the Class E airspace extending 

upward from 700 feet above the surface 

at Charleston, SC, by removing the East 

Cooper Airport from the legal 

description. Since this is an 

administrative change that does not 

involve a change in the dimensions or 

operating requirements for that airspace, 

notice and public procedures under 5 

U.S.C. 553(b) are unnecessary. 

The Class E airspace designations are 

published in Paragraph 6005 of FAA 

order 7400.9U, signed August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT Regulatory 

Policies and Procedures 

(44 FR 11034; February 26, 1979); and 

(3) does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends controlled airspace at 

Charleston, SC. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, signed August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO SC E5 Charleston, SC [Amended] 

Charleston AFB/International Airport, SC 

(Lat. 32°53′56′′ N., long. 80°02′26′′ W.) 

Charleston Executive Airport 

(Lat. 32°42′04′′ N., long. 80°00′09′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 10-mile radius 

of Charleston AFB/International Airport and 

within a 7-mile radius of Charleston 

Executive Airport. 

Issued in College Park, Georgia, on October 

19, 2010. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2010–27647 Filed 11–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0052; Airspace 

Docket No. 10–AEA–19] 

Amendment of Class E Airspace; 

Jeannette, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Jeannette, PA. Jeannette 

District Hospital will no longer be using 

the heliport therefore reference to the 

Jeannette District Hospital Heliport in 

the legal description is being removed. 

The boundaries, altitudes and operating 

requirements will not change. 

DATES: Effective 0901 UTC, December 6, 

2010. 

The Director of the Federal Register 

approves this incorporation by reference 

action under title 1, Code of Federal 

Regulations, part 51, subject to the 

annual revision of FAA, Order 7400.9 

and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Richard Horrocks, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5588. 

SUPPLEMENTARY INFORMATION: 

History 

The Point in Space in the legal 

description of the Class E airspace area 

for Jeannette, PA serves both the 

Monsour Medical Center Heliport and 

the Jeannette District Hospital Heliport. 

The FAA is removing reference only to 

the Jeannette District Hospital Heliport. 

This change does not affect the 

boundaries, altitudes, or operating 

requirements of the airspace, therefore, 

notice and public procedures under 

5 U.S.C. 553(b) are unnecessary. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends the Class E airspace extending 

upward from 700 feet above the surface 

at Jeannette, PA, by removing the 

Jeannette District Hospital Heliport 

reference from the legal description. The 

Point in Space within the legal 

description will continue to serve 

Monsour Medical Center Heliport. 

The Class E airspace designations are 

published in Paragraph 6005 of FAA 

order 7400.9U, signed August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT Regulatory 

Policies and Procedures 

(44 FR 11034; February 26, 1979); and 

(3) does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

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